New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-08
TTLDENS EXEC UTORS ENJOINED.
JUDGE DoNoHUE ORDERS THEM NOT TO TRANSFER
THE REsIDUARY ESTATE AT PRESENT.

.uDGE DoyouUE ORDERS THEM NOT TO TRANSFER
THE REsIDUARY ESTATE AT PRESENT.
Upon the application OF Delos McCurdy, the At
torney ior George H. den in his suit to set aside the
clause OF Samuel j. nlden's Will providing that the
e.tnors rcsduary estate be devoted TO the uses OF
n CORPORATION known rs tho 1ilden Trust, judge
Donohue of the Supreme Court granted M injunction
Yesterday temp orarily iOrbiddng Andrew III. Green,
John Bgclow, and George w. Smith, the executors
OF Mr. Tdens will, 10 transfer any OF the estate 10
the Trust and ordering them to appear before him On
Thursday nc IL O'clock 10 show cause why they
shond not be rnOned and restrained by order OF the
court from transferring and delivering TO- or applying
to the OF the corporation called the lhden trust
or 10 any person CORPORATION, the rest residue
and remainder of the estate OF Samuel j. lllGe1 de-
coo.od mentioned in tho Thirty fifth clause OF said
la.t Will and testament any part thereof until q
Anal hearing and doorminati N OF the action
brought by George II. Tilden.
In Inc affidavit accompanying tho application the
plnintih after describing the circumstances nnder
which the action was begun by him In October last
and detailing the progress OF the suit thus lar, says
That after tile commenment said action the said eHecu
tors and trustees obtained from the sgisauro OF The tat OF
Tlnon 1rus but which sara 49, 'o yet
rSc et tho ' pending litigation Inc rghts OF the
heir, At o. nea ,c 90 Mn .nSaa he in favor Of TIT,
deponen ell Of NE properly @ Womb Va belong 10 d.
poncnt % the other heirs at law and next oil KIN Oh M
af not ttandng said executors and rns
tees on The twenty ninth day April 1857, made executed
and delivered fe corporation called The ridden Iisst
deed Of convey ancc, copy Oh "hch hHeio'" """NN ~
made part OF this 9md9Vt ,,.. al, o.o.,,o,s
and trustees 10 said corporation AL OF tho Tet
r-siuo remainder OF tho estate OF sau StInusl
the To the uso ana purposes
Of aid corporation, thus placing the sano out OF ihe
session as trustees under the said last VIII snd
and beyond Of tho said executors anu
the over 10 ths panlln ~. o
a,pst AZ law Of kun OF said samuel j. Ilen
ia finally determined IN TINS
the said provision OF salu VIII ~ Su
this plaintln and INC tAu o'cr NUNS
t. and ueYt OF KIN of said samuel ]. Tilicn .. l..
And drpOnent that the said Icslhuay
millions or dOilafs
ary s,,ouslbllity said executors ana trustees
H anI utterly inadequate TO make good 10 dopOheht
Is adndeeG To be Invalid aud tho property therein nen
,Gned rad I'M the been applied 10 aud lot te u'
and purposes OF said corporation. - - 49,, r.,u,rei IN
c s,i executors and trustees arc not required
90 moi given ANY bond for tho faithful
49, ties ana n the property should DO useu anu -,
the!l sad corporaiion and hereafter the Judgment IN
M sction should dcponents eyof, as ne Heiy
sives will be feponent would he unable 70 oDan o ps
ion 81 said estate wh3h he would Dc enlueu MI" "'
lie therefore utterly emediless In the premise ,o, tina
VIII Immediately denver oNc
corporation unless rehtrslne nom ~
he rer Court and he therefore prhys ~
W Conrt reouirng said executors and trustees 70 sn
anse before this shortly why they hos
"a n fron. delivering over TO tie shid WI
49, me ridden Trust properly mentioned ~ 'ns a,d
rtr am clause of said last Will and testaene % -
SSam4eiJ ridden deceased, until the hnai ue'ernnA -
1,,achoa 10 the application and affidavit were cope: ..
% 800 nIed with the Register ON April, ~ anu VI s"o
summons ana complaintiD tho suit